Exhibit 10.1
FIFTH AMENDMENT TO
LEASE
THIS FIFTH AMENDMENT TO LEASE (the
“ Fifth Amendment ”) is made this 8
th day of October, 2009, by and between RB
KENDALL FEE, LLC (“ Landlord ”) and
HELICOS BIOSCIENCES CORPORATION , having a mailing address
at One Kendall Square, Building 200, Cambridge, Massachusetts 02139
(“ Tenant ”).
BACKGROUND
:
A.
Reference is made to a certain Lease
dated as of December 30, 2005 by and between Landlord’s
predecessor in interest, One Kendall Square Associates, LLC, and
Tenant as amended by (i) First Amendment dated March 23,
2006, (ii) Second Amendment To Lease (the “ Second
Amendment ”) dated February 27, 2007;
(iii) Third Amendment To Lease (the “ Third
Amendment ”) dated December 10, 2007; and
(iv) Fourth Amendment To Lease (the “ Fourth
Amendment ”) dated March 1, 2008 (collectively, the
“ Lease ”), demising approximately 27,298
rentable square feet of space (the “ Building 600/650/700
Space ”) located in Building 600/650/700; 10,144 rentable
square feet of space (the “ Building 200 Space
”) located in Building 200; approximately 16,782 rentable
square feet of space (the “ Expansion Space ”)
located in Building 200, and licensing the use of four
(4) Storage Spaces (totaling approximately 2,237 rentable
square feet) in the basement of Building 600/650/700 (the “
Storage Space ”) in One Kendall Square, Cambridge,
Massachusetts (the “ Complex ”).
Capitalized terms used but not defined herein shall have the
same meaning as in the Lease.
B.
Landlord and Tenant are the current
holders, respectively, of the lessor’s and lessee’s
interests in the Lease.
C.
Landlord and Tenant want to
terminate the Lease with regard to the Building 200 Space and to
extend the term of the Lease with regard to the Building
600/650/700 Space and to further revise the Lease as set forth in
this Fifth Amendment.
D.
Landlord and Tenant now desire to
amend the Lease as set forth herein.
AGREEMENTS
:
NOW, THEREFORE, in consideration of
the mutual covenants and agreements herein contained, and for other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Landlord and Tenant hereby agree and
amend the Lease as follows:
1.
Termination
. Tenant’s use and
occupancy of the Building 200 Space shall be terminated effective
August 24, 2009 (the “ Effective Date ”).
On or before the Effective Date, Tenant shall quit, vacate
and yield-up the Building 200 Space in broom clean condition and
free from all personal property, furniture, fixtures, inventory and
equipment and otherwise in accordance with the surrender provisions
of the Lease; provided, however, that Landlord shall permit Tenant
to leave certain furniture, cubicles and other personal property as
previously agreed to by Landlord prior to the Effective Date.
Such furniture, cubicles and other personal property shall
remain the personal property of Tenant and Tenant and Landlord
agree that each party shall agree on the final disposition of such
personal property after the Effective Date. At any time
hereafter that Landlord determines it needs such personal property
to be removed from the Building 200 Space, Tenant agrees that is
shall remove such personal property, at Tenant’s sole cost,
upon notice given by Landlord to Tenant. Tenant shall repair
or cause to be repaired at its cost any damage to the Building 200
Space caused by Tenant’s removal of its personal property or
equipment from the Building 200 Space. Tenant represents that
as of Effective Date it has surrendered the Building 200 Space in
accordance with the terms of the Lease and this Fifth Amendment
and
